A Foreign Employee's AEP Has Been Revoked by DOLE: What the Company and the Employee Should Do

What revocation means, and why it is not the same as the 9G ending

The short version: the AEP is DOLE's permission for a foreign national to work in a specific position for a specific employer, while the 9G is the immigration status issued by the Bureau of Immigration. Revoking the AEP removes the right to work; the 9G does not disappear automatically, but the employment on which it rests has gone.

In practice, a revoked AEP usually leads Immigration to look at the 9G. In some cases Immigration acts on DOLE's decision; in others the employer is expected to give notice. How the two connect, and for how long the 9G is still treated as valid, depends on both agencies' current practice, so do not draw your own conclusion. The difference between a cancelled, revoked and lapsed 9G is explained in whether a 9G can be refiled after it is cancelled.

For the employee, the most important point is that from the moment the revocation is received, continuing to work in that position has no basis. The same logic applies when an AEP has expired but the 9G remains valid, as discussed in whether a 9G is still valid after the AEP expires.

It helps to say this plainly to both the employee and his supervisor, because the instinct on the shop floor is often to keep going until someone official appears. By then the company would be explaining a second problem on top of the first. Put the instruction to stop in writing, date it, and keep a copy; that single document often matters more later than anything else the company does in the first hour.

The first 48 hours: three steps each for the company and the employee

In the first two days, the aims are to stop the non-compliant situation, gather the written documents and work out the deadline for any remedy.

• Company, step one: tell the employee in writing, in a language he understands, that he is not to work in the position from today because the AEP has been revoked, and that no work will be assigned until the matter is resolved.
• Company, step two: obtain the complete written decision and the list of materials it relied on, and record the date it was served. If no written decision has arrived, request it in writing from the issuing regional office.
• Company, step three: identify the remedy and the deadline stated in the decision, including whether reconsideration is available, where to file and the last day. That date is the one thing in the whole matter that must not be missed.
• Employee, step one: keep the AEP card, employment contract and payslips, and do not hand them to anyone who claims they can 'fix' the revocation.
• Employee, step two: check the 9G and ACR I-Card expiry dates and understand the current basis of his stay.
• Employee, step three: stop working even before the company's written notice arrives, so that a labor matter does not become an immigration matter.

How wages are handled during the suspension, and whether it counts as a temporary layoff, are questions of labor law. The company should take legal advice first and then notify the employee in writing, instead of simply telling him not to come in. A short written note also prevents later disagreement about when the suspension began.

Understand the grounds: a complaint, a mismatch, or a procedural problem

The grounds determine which route is open. The written decision usually states them, and they tend to fall into three groups.

The first is a finding that the facts differ from the application: the position, salary or worksite does not match what was declared, or the position is one that foreign nationals may not hold. Position restrictions are discussed in which positions foreign nationals may not hold, and worksite mismatches in when the worksite differs from the AEP employer.

The second is a violation found after a complaint, for example a report that a local worker could fill the role, that the company's actual business differs from its registration, or that the employee really works for another company. A complaint is not itself proof of a violation; what matters is the facts the investigation relied on.

The third is a procedural or documentary problem, such as a document found to be invalid, or a precondition that is no longer met because the company's own status is irregular or its business permit has lapsed. This group usually leaves the most room for correction. A related case in this series covers when a company's SEC or BIR status blocks a staff 9G renewal.

Once you know which group applies, decide whether to appeal, correct and refile, or end the employment. Involve a lawyer in that decision, especially for the first two groups, where the outcome depends on how the facts are presented. Write down, in one paragraph, which group you believe applies and why, and share it with the lawyer; it speeds up the advice considerably.

Appeal, correct and refile, or end the employment: choosing a route

The short version: if the decision is wrong on the facts or the procedure, seek reconsideration within the deadline through the route the decision names. If there is a genuine mismatch that can be fixed, fix it and apply again. If the position cannot lawfully be held by a foreign national, or the problem cannot be fixed, end the employment lawfully and close out the visa.

An appeal must be filed in time, with written evidence that answers each ground: contracts and payroll records showing the real position and pay, a statement of the specialised qualifications the role needs, documents showing the worksite is compliant. A letter that only says the company disagrees will not help; respond to each stated ground in turn.

Correction and refiling suits procedural and documentary problems. Replace the invalid document, satisfy the missing precondition and submit a fresh AEP application. The employee still may not work while the new application is pending.

If the employment ends, follow due process under labor law for the separation and give Immigration notice or request cancellation of the 9G, so that the employee's later status does not stay attached to the company. The method is the same as in how a company ends its sponsorship after a separation. Whichever route you choose, do not let the employee 'come back to work' before the outcome is known. Tell the supervisor directly as well, since informal requests to 'just help for a day' are how many companies slip back into the problem, often with the best of intentions.

Four things not to do

Four mistakes to avoid: letting the employee keep working on the strength of the 9G, paying someone to 'get DOLE to withdraw the revocation', creating documents that do not match the facts for the appeal, and retaliating against the person you believe made the complaint.

The first is the most common gamble. Working after revocation, if discovered, exposes the employee to action for unauthorised work and the company to the consequences of employing a foreign national without a permit, and both are more serious than the revocation itself. See the consequences of hiring a foreigner without a work permit.

The second and third carry the same risk. Any unofficial 'fix' and any document that does not reflect the facts can turn a problem that might have been resolved on appeal into a far more serious criminal or administrative matter.

The fourth tends to happen in anger. If the company suspects an employee or a competitor of reporting it, the right response is to answer the facts in the appeal, not to investigate, pressure or punish the suspected informant. How a company should respond to a malicious complaint is covered in what to do when a competitor files a malicious complaint. Keep the response focused on the decision, because that is what can actually be changed. Remember too that the investigating officers will read the appeal alongside everything else in the file; a calm, documented answer is the most persuasive thing the company can offer, while any sign of pressure on witnesses will weigh heavily against it.

Where Yixing can help

Yixing can help the company obtain and understand the written decision and set out its grounds, remedies and deadline; compare the original AEP declarations with the current facts; build the list of documents needed for correction or appeal and prepare the visa-side papers; handle notice or next steps for the 9G at the same time; and file or accompany the filing and obtain receipts.

Appeal strategy, wages during the suspension and whether to end the employment are labor and administrative law questions, so please instruct a licensed lawyer. We cannot promise that an appeal will succeed or that a refiled application will be approved within any particular time, and we will not try to influence DOLE's decision through any unofficial means.

To start, contact our visa and HR service with the revocation decision, the original AEP application papers, the employee's contract and recent payslips. The deadline is the hardest constraint in this situation, so getting in touch on the day the decision arrives matters more than anything else. Even if you are unsure which route to take, starting the clock management early keeps every option open. Bring the date the decision was served, since every deadline is counted from it.

Yixing is a private consultancy registered with the Philippine SEC (Registration No. CS202009551), holding BI Accreditation No. CA-202624381-1 (valid to 2027-06-30) together with DOLE and PRA accreditation. We are not part of any government office and we do not promise the outcome of any application. For your specific case, consult a licensed lawyer; this article is not legal advice.